Politik hukum pengaturan dan penerapan restorative justice oleh kepolisian dalam penegakkan pidana di Indonesia

Simanjuntak, Jean Calvijn (2023) Politik hukum pengaturan dan penerapan restorative justice oleh kepolisian dalam penegakkan pidana di Indonesia. Doctoral thesis, Universitas Pelita Harapan.

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Abstract

The penal system for criminals has undergone a change towards a more humane one. That is, no longer prioritizing punishment (punitive), but more oriented towards recovery of victims and rehabilitation of perpetrators through the approach of restorative justice which could be applicable to any criminal justice system. However, at the present time, there is no law that regulates it yet, thus only based on technical regulations in the Police institution, Attorney General's Office and the Supreme Court which are substantively and procedurally not uniform. In this case, the police have a very important and strategic role pursuant to Police Regulation No. 8 Year 2021 on the Handling of Crime Based on Restorative Justice. This paper aims to examine the problems regarding the regulation and its current application, as well as the proper regulation in the enforcement of criminal law using restorative justice in Indonesia. To answer these problems, the author uses normative legal research methods, which are supported by verification of empirical studies. The research findings show that restorative justice very much in accordance with the values that live in Indonesian society, in fact it is the embodiment of Pancasila values and the constitutional basis of the 1945 Constitution. Application of restorative justice in the police contribute to saving budget and law enforcement time, preventing the rising number of inmates so as not to worsen the overcapacity condition of prisons, as well as helping to improve the performance of the Police as a whole. In this regard, the substance of the regulation for handling crimes that is based on restorative justice needs to be strengthened and accommodated in the coming revision of the Criminal Procedural Code.

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